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My goal is to develop a web service that is automating multiple software together. I plan to sell the whole web service as a SaaS for a monthly fee.

Problem is, one of the software programs I plan to automate is proprietary (even though it is free). It is a desktop program which was designed in order to run on a personal computer.

Hence, in the end-user license for this software, the following terms are written (the complete EULA can be found here):

No Granting of Rights to Third Parties. You shall not sell, assign, rent, lease, distribute, export, import, or otherwise grant rights to use the Product or any part thereof to a third party.

But also this:

The Product may be incorporated into, and may incorporate itself, into software and other technology owned or controlled by third parties. The use of any such third party software or technology incorporated into the Product shall fall under the scope of this Agreement.

I find these two statements contradictory:

As a third party, can I integrate their software in my own solution that I plan to resell?

I've heard of white label software, I don't know if it applies for me, if there are better solutions, or if I'm simply free to go without proper relicensing.

If it can help, I live in France and the company that owns the other software is Russian.

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    "I plan to sell the whole web service as a SaaS for a monthly fee." Then hire a lawyer; this site is not for legal advice.
    – BlueDogRanch
    Jan 12, 2020 at 2:11
  • 1
    @BlueDogRanch I'm not asking for a end-to-end follow up of the project, but a simple answer to a very precise question which condition the feasibility of the project as a whole.
    – Antoine C.
    Jan 12, 2020 at 2:17
  • If you think this question is off-topic then flag it, I can't delete it with the bounty.
    – Antoine C.
    Jan 12, 2020 at 2:17
  • The question about how EULA terms interact is one of contract interpretation (a question of law) and doesn't seem off topic from my vantage. You might consider deleting or rephrasing the question about your options though.
    – Pat W. ♦
    Jan 12, 2020 at 13:47
  • @PatW. deleted the second part about the other options
    – Antoine C.
    Jan 12, 2020 at 13:49

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No, you cannot do that based just on the EULA. You need to talk to the product owners and make a deal.

The Product may be incorporated into, and may incorporate itself, into software and other technology owned or controlled by third parties.

Although the EULA mentions third parties, it is focused on what end users (the "second" parties) can do with the product. They can use it for free, not the third parties.

Third parties who incorporate the product are not granted rights by this EULA. They are supposed to have private agreements with the product owners allowing them to incorporate it.

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